Jaimes v. Uwharrie Knits, Inc., I.C. NO. W15705.

Plaintiff, 42, a Mexican national with limited English, worked as a janitor for Defendant-Employer.
On April 6, 2009, Plaintiff assisted unloading fabric rolls; a rack fell, striking her left arm and lower extremity and causing an abrasion.
She was transported by ambulance to Stanly Regional Medical Center; initial ER note attributed weakness to a fall/stroke history but her daughter clarified the incident.
Plaintiff worked briefly after the incident but could not perform duties and did not return to work for Defendant-Employer or any employer thereafter.
Medical treatment included ER care, a Stanly County Health Department visit, and later Dr. Zucker evaluations; an MRI of the knee was performed later with normal results.
As of the hearing, Plaintiff had not recovered full function in the left leg and remained unable to return to prior employment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Plaintiff sustained an injury by accident arising out of and in the course of employment.	Plaintiff contends the rack incident caused left arm/leg injuries.	Defendant contends the claimed injuries are not compensable.	Yes, injury by accident established.
Whether Plaintiff was totally disabled from 4/6/2009 to 5/4/2011.	Plaintiff argues total disability due to injury.	Defendant challenges extent/duration of disability.	Plaintiff was totally disabled during that period.
Whether the medical treatment related to the April 6, 2009 incident is payable.	Plaintiff seeks compensation for ER, ambulance, health department, and subsequent care.	Defendant disputes some medical treatments.	Yes, related medical treatment is payable.
How is Plaintiff's average weekly wage and compensation rate determined.	AWW should reflect earnings with adjustments per Form 22.	AWW calculated per wage chart with deductions.	AWW $281.23; compensation rate $187.50.
Whether Plaintiff has any permanent partial disability.	Plaintiff seeks PPD consideration if present.	No PPD arising from the incident.	No permanent partial disability.

Byrd v. Ecofibers, Inc., 182 N.C. App. 728, 645 S.E.2d 80 (N.C. Ct. App. 2007) (employee testimony as to pain and work ability admissible in disability determination)
Click v. Pilot Freight Carriers, Inc., 300 N.C. 164, 265 S.E.2d 389 (N.C. 1980) (medical questions may be resolved without expert testimony in certain cases)
Boles v. U.S. Air, Inc., 148 N.C. App. 493, 560 S.E.2d 809 (N.C. Ct. App. 2002) (supports consideration of credibility and disability evidence)
Knight v. Wal-Mart Stores, 149 N.C. App. 1, 502 S.E.2d 434 (N.C. Ct. App. 2002) (disability and wage/medical issues in workers’ compensation)